Right-to-Rent checks are a legal requirement for landlords in England only, introduced by the Immigration Act 2014 and requiring landlords to verify that all adult occupiers have the legal right to rent residential property in the UK. The obligation applies before the tenancy begins, not at some convenient point shortly after, and the checks must be applied consistently to every adult occupier, regardless of nationality or perceived immigration status.
The procedural requirements are strict, and the penalty regime is designed to create a meaningful deterrent. Civil penalties of up to £10,000 per occupier apply for a first breach, rising to £20,000 per occupier for repeat offences. Critically, penalties also apply where the checks were carried out incorrectly — too late, on the wrong documents, or without adequate evidence retention — even where the occupier did in fact have the right to rent. It is therefore possible to face a civil penalty for a technically deficient check even when no underlying immigration violation occurred.
Right-to-Rent obligations apply to England only. Scotland, Wales, and Northern Ireland operate different frameworks. In England, checks must be completed after the tenant has been selected but before the tenancy begins and before keys are handed over. A check completed after move-in is not a valid check.
Who Must Be Checked?
The obligation extends to all adult occupiers — not just named tenants on the tenancy agreement. Every person aged 18 or over who will occupy the property as their main or only home must be checked, whether or not they are a party to the formal agreement. Lodgers, permitted occupiers, and adult family members who will be living at the property are all within scope.
The practical implication is that landlords must ask at the point of marketing or viewing whether other adults will be living at the property, and must obtain documentation from each of them before occupation begins. Relying solely on the tenancy agreement, which may name only the primary tenant, creates a compliance gap where other occupiers have not been checked.
What Are the Three Lawful Methods?
| Method | How It Works | Best Used When |
|---|---|---|
| Manual document check | Original documents inspected in person; copies made and dated | Tenant is available in person and holds physical documents (e.g. UK passport, BRP) |
| Online Right-to-Rent check | Tenant generates a share code via the Home Office; landlord verifies online and saves the result | Tenant's status is held digitally by the Home Office (most common for those with settled/pre-settled status or other e-visas) |
| Certified Identity Service Provider (IDSP) | Home Office-approved third-party digitally checks identity documents | Remote lettings or where landlord cannot physically inspect documents |
The online share code method has become increasingly standard as more tenants' right-to-rent status is held digitally rather than in physical documents. Tenants with settled or pre-settled status under the EU Settlement Scheme, for example, do not hold a physical document evidencing that status — the check must be conducted online. Attempting to conduct a manual document check on these tenants will fail, because the relevant document does not exist in physical form. Understanding which method is appropriate for a specific tenant's situation is part of conducting the check correctly.
How Long Must Records Be Kept — and What Triggers a Follow-Up Check?
Evidence of the check must be retained for the duration of the tenancy and for at least 12 months after it ends. For a manual check, this means a clear copy of the document examined (both sides for cards), a note of the date the check was conducted, and a record of the document reference numbers. For an online check, the system generates a printable or saveable record that should be stored alongside the tenancy file.
Follow-up checks are required where a tenant has a time-limited right to rent — that is, where their right to be in the UK is subject to expiry. In these cases, the original check establishes a statutory excuse for the period it covers, and a follow-up check must be completed before the original right expires. Failure to conduct the follow-up check removes the statutory excuse, even if the original check was conducted correctly.
Right-to-Rent checks must be applied consistently to every adult occupier. Checking tenants of certain nationalities while assuming British citizens do not require verification is discriminatory application — and it creates independent legal liability under the Equality Act 2010 regardless of whether any occupier lacked the right to rent. Every occupier must be checked, without exception or assumption.
What Happens if a Tenant Is Found Not to Have the Right to Rent?
If a check reveals that an occupier does not have the right to rent, landlords have a legal obligation to notify the Home Office. Continuing to let to a person without the right to rent after becoming aware of their status is a criminal offence under the Immigration Act 2014, not merely a civil matter. The distinction between the civil penalty regime (for landlords who fail to check) and the criminal liability regime (for landlords who know about a breach and continue letting) is significant.
Where checks are embedded into a consistent pre-tenancy process, conducted for every adult, documented and stored systematically, with follow-up reminders set for time-limited rights, the compliance burden is manageable and the risk of inadvertent breach is low. The landlords who face penalties are overwhelmingly those who treat the checks as an afterthought, conduct them informally, or fail to retain evidence of what was checked and when. For guidance on embedding right-to-rent verification into your wider pre-tenancy process, see our guide on tenant referencing and screening.
This article reflects our understanding of the law at the time of publication. It is for general guidance only and does not constitute legal advice. Always verify against GOV.UK or seek qualified legal advice before acting.
